PDA

View Full Version : Neighbor blaming us for fallen tree


qtpye216
07-18-2008, 02:07 PM
During a terrible wind/thunderstorm in June, trees fell in between property lines and our neighbors tree fell on her house causing damage to her roof. She called in a tree company the next day and my husband also helped her clean up her yard (so the tree co. wouldn't charge her so much). She had a contractor come out and estimate the damage to her roof. She then called her insurance co. TWO WEEKS LATER and told them that our "dead" trees fell on her live tree and knocked it over onto her roof (and gave them our phone number w/out even mentioning it to us). Our trees were distressed, but still had green leaves on them, which indicates they were not dead. Her ins. co. sent out an adjuster and now claims we were neglegent b/c we didn't have the trees taken out before the storm caused them to fall over. She also had a tree fall in her front yard across her driveway, two other neighbors had trees fall, a tree fell at the end of our road and our pine tree had the top third of it chopped off b/c the wind was so strong. How can they claim we were neglegent and make us claim the damage to her house from her own tree falling on it on our insurance (which we have the same ins. co., just different agents) when it was clearly caused from a storm? Not to mention she cleaned all the "evidence" up and called her ins. co. 2 weeks later. We've contacted our ins. agent and she is working on resolving this w/her agent, but I want to know if we would have a case if they say we have to claim this on our insurance. Please help!!!!

manny_mandy
07-21-2008, 02:27 PM
I can find no cause of action in your situation. All I can say is that owner of any tree are obliged to take care of the tree as not to cause harm to another, otherwise, if the tree will fell and does caused harm, you will be liable for the result. However, the fortuitous event (storm) may offer you some legal justification or shall we say escape from liability.

For better lights you can confer with a Lawyer in your area. Maybe with all the information you hand in, they may have a better angle to your case and situation.